To think my solicitor has screwed me over!

[Lakes11]

Its 4 days before I attend the first hearing for a child contact court order that my ex as raised. My solicitor (she's actually a paralegal) has been away for a week and previous to that I had not heard much and thought she had everything in hand.
She had months ago told me she could attend court with me if I wished her too. She's put in a legal aid application for me too which I thought was in hand. Today after emailing her asking about court and what the process is and what's happening and can she attend and my legal aid, it is only now she's telling me she can't attend court with me as she has no advocacy rights and I'll have to pay for a barrister privately as my legal aid decision will not come though until next Wednesday at the earliest.

So she's said I may have to self represent. I've paid her so much money previously whilst waiting to apply for legal aid which I can't really afford but what has she actually done other then send some emails. She hasn't advised me even when I've asked questions.
On top of this we are still awaiting a court bundle from my ex which I knew nothing about until now and she's only just chasing up for. So I don't have that. Reading up on a court bundle.it states about having personal statements in there? I asked her months ago about me having my say as I haven't had any chance to respond she said that I wouldn't need to do that until the fact finding hearing.

I feel like she's absolutely screwed me over and is completely useless. I don't have the money to go to anyone else and there is only one other firm in my region who does legal aid but they are no use either and did not get back to me.

I am so stressed, I don't know what I'm going to do and I don't know anything about court!

Just spoke to one of the partners. She was nice enough but said to be fair she needs to speak to the Paralegal and will then call me back. So now I'm waiting

I am so sorry about what you are going through. No experience of this type of court but had a civil matter in court. The judge was very helpful to party without legal representation.

Whilst this can be true many paralegals are also promoted secretaries with no formal legal qualifications whatsoever.

OP what does your retainer letter say. Who is the complaints partner. Is it an sra regulated law firm?

Agree wholeheartedly with this.

Lots of people with degrees work in MacDonalds but that doesn’t mean you need a degree to do so.

Likewise, many people who aren’t able to secure a training contract or a pupillage will opt to work as a paralegal for a while but that doesn’t mean that all or even most paralegals have law degrees or professional qualifications and in the case of this paralegal we know she is part way through her degree so has no formal legal qualifications at all. That can work of course if she is being properly supervised by a qualified lawyer and is implementing their advice at all times or completing basic documentation such as legal aid forms. But as we have seen here where it’s something a bit more complex, she doesn’t have the experience or the legal knowledge to deal with it.

It says she's acting for me under the supervision of a partner. However this partner is on annual leave atm.
It stated who the partner is to make a complaint to. They are sra regulated

I'm trying to keep it together in front of my DS. Struggling though. What a rubbish way to end the summer holidays

The partner has just emailed me and said this I've remitted her PL name

"I understand from "the Paralegal" that from the outset she advised you that if the matter went to Court she would not be able to represent you herself (i.e. undertake the advocacy) as she is not yet legally qualified and works as a paralegal, but that she would of course attend Court with you for support with the advocacy being conducted by a barrister. At the time you were given this information, the case was proceeding on a privately paid basis. Your financial circumstances have changed meaning that an application has been made for legal aid on 7th August 2023. Unfortunately, the decision as to funding is not going to be delivered before the hearing and "the paralegal" has chased the Legal Aid Agency to see if this could be expedited. They have confirmed that it cannot.

In the circumstances, and as per "the paralegals" earlier advice given to you, representation can be arranged in the form of barrister but the cost would need to be met by you due to funding not being in place at this time. It is not the case that you are being left without representation – it can be arranged for you but at an additional cost."

So the partner is taking what the paralegal is saying. The PL absolutely did not make it clear she could not come.to Court with me because she is not qualified. She never said those words to me and never made that clear. It was only yesterday that she told me she has no advocacy rights. And I have been left with no representation because this was all news to me as of yesterday and how am I suppose to scramble together a possible 1000 in the space of a few days.

I feel like she's protecting her

There’s something hooky about the legal aid application dates and I think you need to press again on this.

You have said earlier that your circumstances changed some time ago and that you provided the PL with details of this and she advised waiting until early August to make the application. Why did she not apply immediately.

You also said that the PL told you the forms were sent around 21/23 August but the partner is now saying 7 August. What is the correct date? If they were sent on 7 August and there is a 13 working day turnaround, you should be covered by 4 September. So knowing when the application is made is crucial.

Ive never done any legal aid work so have no idea how the process works but another poster, who seemed knowledgeable, suggested earlier that it is possible in an emergency for the firm to go ahead before legal aid is granted if they are confident you meet the criteria for legal aid. Can you suggest this to them using the helpful wording that PP provided for you?

This reminds me of a fuck up by my solicitor when they forgot to send something and when I enquired because the institution didn't recieve the request they went on offensive and in a hissy fit sent me the doc, the doc which showed they indeed asked late but tried to pretend that was urging the institution..... I was then managed by another solicitor, because, well I am not an idiot...

Ask for documentation related to your case, point out that you were not being given written confirmations and actions. Which is quite important soclient understands what is happening.

I do think something went wrong there and you have right to see what and when was done tbh.

I would reply and say that isn't the case and explain why. Say you're extremely disappointed in the service you have been provided, and as they are unable to appropriately investigate the matter you'll will be contacting the legal ombudsman.

If I state I'm going to the legal Ombudsman will this leave me with no legal representation?

Unfortunately yes, but it doesn't sound as if they are going to offer you anything other than a privately funded barrister based on their reply. You can say it more as a threat if you want, ie I want you to solve this otherwise I'll go to the ombudsman. This might make them look into it further and try and provide something else.

What, if any, correspondence have you had from the law firm/PL in writing inckuding a quote/invoice? How much have you paid them?

Generally you have to exhaust a firm's complaints procedure before you have any recourse to the Ombudsman and it doesn't sound like you've done that so worth checking the terms and conditions and any other documents you received at the start and checking you're using the complaints process otherwise they will know the threat doesn't have a lot of teeth.

I’d being saying straight up if they don’t offer a suitable immediate support on how to handle this you’ll be going to the SRA. In fact do ring them and ask what the best course of action is.

I’m angry for you OP but channel your emotions (in composure) into getting this sorted! You’re not happy, you have proof in writing of what happened, you verbal recollection (dates would be great to note) and you want to know why this is such a shit show after ££££ later!

make sure you let them know you won’t let this drop.

If she advised you of that there should be an attendance note. You should make it clear that she didn't tell you that in clear terms and did not explain the difference between "supporting" you and representing you at the hearing. As a non-lawyer, the difference would not have been obvious to you at all.

This

You need to make them very aware that you won’t allow this to be brushed under the carpet. Ask for dates and a time frame in writing, as you will be going to the SRA.

I just had to comment as I'm fuming on your behalf. What absolute charlatans. Definitely reply saying the above and that you will now be complaining to the relevant body. Most organisations record phone calls so there's probably a recording of everything she said even if it's not been in an email. You will be alright in court. A lot of people self represent and as a previous poster said the judges have seen this a lot.
Don't doubt yourself. We're all behind you.

I did post something yesterday setting out what you needed to ask them by way of e-mail - if you find my previous post this sets it out. I am a lawyer and my firm offer's legally aided family services. If they are sure you qualify for legal aid they can offer you emergency legal aid using delegated functions. It may be that given you didn't previously qualify that they feel they can't offer this.

I would add to my previous e-mail to the solicitors. In relation to the use of delegated functions, if you do not think I am eligible please explain what steps you have taken to expedite my legal aid application . I understand in circumstances where you do not feel able to exercise delegated functions you are able to telephone the Legal Aid Agency and ask for my application to be expedited.

Please can you provide a prompt response to this e-mail. I am considering a formal complaint and if that is not satisfactorily resolved a complaint to the Ombudsman, SRA and LAA. I do not want to take these steps but you have left me in a position where I am vulnerable with no alternative but to act in person.

You should send this tonight - ask for a response by 10.30 tomorrow morning and explain that if they do not respond you will ring the legal aid agency directly and ask them yourself to urgently assess the application tomorrow. You should also confirm that you will be explaining to the Court what they have said to you. You should also ask whether they have asked the other side for an adjournment to allow you to resolve your legal aid and if not why not in the circumstances.

Yes, ask them for the attendance note of the conversation in which she advised you that she could not represent you. Also point out that if they did intend to arrange separate representation they needed to have organised that much sooner.

Point of law - the entire file is your property as the client, you can ask to be sent the original, they are entitled to retain a copy.

Sorry just further to this. Send them this link and add to the e-mail

https://legalaidlearning.justice.gov.uk/pluginfile.php/1108/mod_resource/content/1/Emergency-Non-DF-Application.pdf

I understand that if you felt unable to delegate functions due to my means you could have submitted an emergency application for legal aid using CCMS as set out in the link [paste link] herewith. Please explain why you have not done this.

As a separate point if you are eligable they should not be charging you privatelyt

Ask for adjournment report to law society

I can't find my comment now but the FB group Childrens Rights UK are amazing and might be able to help you (McKenzie Friends)

SRA. The Law Society aren’t the regulator any more.